Is the Menendez Case Being Reopened? Update After New DA Takes Over

Monsters: The Lyle and Erik Menendez Story brought renewed attention to the case of Lyle and Erik Menendez. The brothers have been imprisoned since 1996 for the murders of their parents, José and Mary Louise “Kitty” Menéndez, whom they accused of physical, emotional, and sexual abuse.

With a new generation reexamining their story through a fresh lens, Lyle and Erik have been given the opportunity for resentencing and a possible release in the near future. HollywoodLife has compiled all the latest details and updates on their incarceration below.

Why Did the Menendez Brothers Murder Their Parents?

In August 1989, Lyle and Erik fatally shot their parents multiple times. The crime scene was gruesome since José was struck six times and Kitty was shot 10 times. The brothers were criticized for living a luxurious lifestyle in the months following their parents’ deaths. Erik eventually confessed to the murders to his therapist, Jerome Oziel, who confided in his then-mistress, Judalon Smyth. She informed police about Lyle and Erik’s involvement in the crime, and they were arrested in 1990.

After a mistrial, Lyle and Erik were officially convicted on two counts of first-degree murder and conspiracy to murder in 1996. They were sentenced to life in prison without the possibility of parole.

(Photo by MIKE NELSON/AFP via Getty Images)

Are the Menendez Brothers Still Alive?

Lyle and Erik were sent to separate California prisons following their conviction. Both are still alive today and spoke out about their case in Netflix’s new documentary, The Menendez Brothers, which premiered on October 7, 2024.

Are Lyle and Erik in the Same Prison?

The brothers were held in separate prisons until 2018 when Lyle was moved to the Richard J. Donovan Correctional Facility. Though they were initially housed in separate units of the prison, Lyle and Erik were placed in the same unit in 2018. This was the first time the brothers had reunited in 22 years. According to multiple outlets, Lyle and Erik were prevented from talking to each other on the phone before they were reunited.

Was the Menendez Case Reopened?

As reported by The Hollywood Reporter in late September, Lyle and Erik could receive new sentences due to a habeas corpus petition. Although they have previously appealed their convictions, new developments have emerged, including accusations of sexual abuse against their father, José, by a former Menudo member Roy Rosselló. Additionally, new evidence has surfaced suggesting that José may have abused both of his sons.

In October 2024, Los Angeles District Attorney George Gascón confirmed that a new court hearing had been scheduled for Lyle and Erik. According to Variety, the hearing is set for November 29, 2024.

At a press conference, the DA stated, “We have been given a photocopy of a letter that allegedly was sent by one of the brothers to another family member talking about him being the victim of molestation. We’ve also got evidence that was provided by the defense, by his lawyers, that one of the members of the Menudo band alleged that he was molested by the father.”

Will the Menendez Brothers Be Released?

Gascón filed a motion on Oct. 30 supporting the Menendez brothers’ request for clemency from Governor Gavin Newsom. In a statement, he expressed, “I strongly support clemency for Erik and Lyle Menendez, who are currently serving life sentences without the possibility of parole. They have served 34 years and have continued their education while working to create programs that support the rehabilitation of fellow inmates.”

Describing the brothers as “model prisoners,” Gascón told CNN that he believes there is a strong likelihood they would be granted parole if the case reaches the parole board. An attorney for one of the brothers expressed hope that they could be home in time for Thanksgiving.

However, Gascón is no longer the district attorney. He was unseated by Nathan Hochman, a former federal prosecutor. Hochman told CNN on Wednesday that he would need time to review case files before taking a position on the resentencing. Hochman takes office on December 2, and a hearing on resentencing is scheduled for December 11.

“I will have to review the confidential prison files for each brother, the transcripts from both trials, and speak to the prosecutors, law enforcement, defense counsel, and the victims’ family members. Only then can I make a decision. If for some reason I need additional time, I will ask the court for that time.”

“If I ask for a delay, it won’t be a delay for delay’s sake because I think the Menendez brothers, the victim family members, the public deserve to have a decision done as soon as it can be done in a thorough manner,” Hochman added.

What Did the Menendez Brothers Say About ‘Monsters’?

Shortly after Monsters: The Lyle and Erik Menendez Story was released on Netflix, Erik released a statement condemning the series for its portrayal of him and his brother.

“I believed we had moved beyond the lies and ruinous character portrayals of Lyle, creating a caricature of Lyle rooted in horrible and blatant lies rampant in the show,” Erik noted. “I can only believe they were done so on purpose. It is with a heavy heart that I say, I believe Ryan Murphy cannot be this naive and inaccurate about the facts of our lives so as to do this without bad intent.”

In response to Erik and his family’s criticism of the show, Monster anthology co-creator Ryan Murphy slammed them for “playing the victim card.”

“The Menéndez brothers should be sending me flowers,” Ryan told THR in September 2024. “They haven’t had so much attention in 30 years. And it’s gotten the attention of not only this country, but all over the world. There’s sort of an outpouring of interest in their lives and in the case. … I know for a fact that many people have offered to help them because of the interest of my show and what we did,”

Ryan also pointed out that with Monsters, he told “a story that was a very broad canvas,” referring to Lyle and Erik’s defense attorney, Leslie Abramson, writer Dominick Dunne and the backstory of José and Kitty.

“We were also telling the story of the parents, who they blew their heads off,” Ryan added. “We had an obligation to so many people, not just to Erik and Lyle. But that’s what I find so fascinating; that they’re playing the victim card right now — ‘poor, pitiful us’ — which I find reprehensible and disgusting.”

If you or anyone you know has been sexually abused, call the National Sexual Assault Hotline at 1-800-656-HOPE (4673). A trained staff member will provide confidential, judgment-free support as well as local resources to assist in healing, recovering and more.